…the UNCITRAL Model law. This arbitration-friendliness always encompassed also corporate disputes, safe for one minor, but important exception: arbitrations concerning the validity of shareholder resolutions. After many heated debates among…
…diplomatic conflicts. The latest trends show there is a political will to reform the system, pushing for more institutionalisation (e.g. the process of analysis and reform of ISDS initiated within…
…to partially reform the National Civil and Commercial Code with respect to the rules regulating arbitration that have been criticized by scholars. Even more, there is a draft International Commercial…
…LDP regained power in 2012, Abenomics involves shooting “three arrows” – for monetary, fiscal and structural reform – to try to jumpstart the Japanese economy out of its lethargic performance…
Under the Japanese Arbitration Act, which was established based on the UNCITRAL Model Law on International Commercial Arbitration in 2003, parties may file a petition with a court requesting the…
…the SPA are generally solved pursuant to the UNCITRAL Arbitration Rules. The Secretary General of the Permanent Court of Arbitration in The Hague has the appointing authority. In some cases,…
…It is thus on record today that an arbitral award has been set aside not because the arbitrators misconducted themselves (within the context of the traditional UNCITRAL interpretations), but because…
…Court judges with arbitration related issues. This change echoes the situation that existed before the previous major judicial reform of 2004. The 2004 reform cancelled the late Soviet rule (in…
…the UNCITRAL Model Law (version 1985) in 2006. The initial version of the Armenian Arbitration Act contained a provision in article 6 specifying that a single judicial institution, which was…
…here). The United Nations Commission on International Trade Law (“UNCITRAL”) recognized the potential of ODR already a few years ago. In 2010, at its 43rd session, it decided to undertake…
…awards rendered hereunder”. In 2014, the State initiated arbitration proceedings under the UNCITRAL Rules against the gas company claiming that the conclusion of the “GAS Master Agreement” and amended shareholders’…
…UNCITRAL Model Law jurisdictions. Oldham v QBE Mr Oldham was the subject of civil liability proceedings (“the Civil Liability Claim”). This led to a dispute between Mr Oldham and his…
…the 4th Civil Chamber of the SPC, informally announced a planned reform of the Prior Reporting System. On 20 November 2017, the SPC officially passed the Provisions on Questions Concerning…
…High Level Committee under the chairmanship of Justice (Retd.) B.N. Srikrishna (the “Committee”) with the mandate to review and reform the institutionalisation of arbitration. The Government’s move was preceded by…
…feisty: June 2017, Total defeats a multi-billion arbitration claim After an eight-year UNCITRAL dispute with Russian provinces Volgograd and Saratov and with Russian company OOO Interneft over a 1992 oil…
…2017. The Ministry of Justice announced that the new Commercial Courts issued more than 1,181 judgments in their second month of operation. This judicial reform indicates a shift in the…
…solutions to be recommended to the UNCITRAL. As per the UNCITRAL mandate, the Working Group is more government-led than is typical of UNCITRAL Working Groups (more than 300 participants representing…
…have been administered mainly by ICSID under the ICSID rules, as ad hoc arbitrations under the UNCITRAL Arbitration Rules, or administered by the SCC. In an effort to increase the…
…relevant changes in the legislations of some jurisdictions such as Singapore, to the ongoing reform of the ISDS and of the relevant treaties, including the NAFTA, and with a rich…
…of the competence-competence principle, and confidentiality of arbitration-related court proceedings. Hopefully, a new phase of comprehensive legislative reform will be conducted through more open and structured public consultation than the…
…several ad hoc arbitration rules available, they may not be fit for arbitrations conducted in China. For example, Article 6(2) of the UNCITRAL Arbitration Rules states any party may request…
…practitioners often consider when choosing arbitration places are known to be a pro-arbitration legal regime and arbitration-friendly courts. In Korea, The Arbitration Act, which closely modeled the UNCITRAL Model Law,…
…a number of ways follows the UNCITRAL Model Law. For instance, it allows ad hoc arbitration, recognizes the doctrine of kompetenz-kompetenz, as opposed to domestic law on arbitration which sets…
There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…
